Columnist Julie Corney Putting safeguards in place T he MRS Codeline advisory service, which advises members on all aspects of the code and guidelines, has noticed a growing number of enquiries seeking assistance on vulnerable participants. Perhaps unsurprisingly, this trend began during the pandemic lockdowns, and now continues with participants referencing financial hardship, such as the current cost-of-living crisis, as adversely affecting their mental health. Participant vulnerability is a complex, dynamic state that can affect anyone at any time for many different reasons. All participants are different, with a wide range of needs, abilities and personal circumstances. These differences can place some in a position of vulnerability or greater risk of harm. Some peoples ability to participate effectively in the research may be affected by certain individual characteristics. These can be short- or long-term, might fluctuate over time, and may not be obvious. Participants may be vulnerable because their competence to give informed consent is uncertain, because socially they are in a position where it is difficult for them to give informed consent, or their circumstances may affect their decision to consent. Additionally, being involved in the research project can increase participants potential vulnerability. It is also important to recognise that not all the risk factors will be relevant all of the time, and the important point is to manage the relevant risks rather than seek to avoid risks involved in researching individuals or populations in vulnerable positions. Permanent vulnerabilities Permanent or long-term characteristics could include, for example: people who have learning disabilities or other permanent or long-term disabilities; those on a low income; people with low literacy levels; or communities that have cultural barriers to participation. These characteristics can affect large numbers of people. Fluctuating vulnerabilities People can be made vulnerable by transitory situations that are not necessarily obvious at first glance. Fluctuating characteristics might include: mental health issues; where English is not a first language; health problems; location; or lack of internet access. Short-term vulnerabilities Short-term characteristics causing vulnerability could be things related to sudden changes in circumstances, such as loss of employment or income, bereavement, relationship breakdown, or caring responsibilities. MRS guidance The MRS best practice guide and checklist on research participant vulnerability aims to help practitioners identify, understand and respond to research participant vulnerabilities effectively and consistently. Best ethical practice is reinforced by code rules covering vulnerable people, underlining the importance of our members professional activities being widely accessible: Rule 23: Members must take reasonable steps to assess, identify and consider the particular needs of vulnerable people involved in their professional activities. Rule 24: When working with vulnerable people, members must ensure that such individuals are capable of making informed decisions and are not unfairly pressured to cooperate with a request to participate, and that they are given an opportunity to decline to take part. As the code is due to be revised later this year, the comment at Rule 2, regarding marketing activities, has been expanded, to wit: Rule 2: Members must ensure that when undertaking direct marketing activities they adhere to all relevant specific legal and ethical requirements that apply to direct marketing practice. The following practices fall within the scope of direct marketing: Offering client goods or services, or vouchers to purchase client goods or services, as an incentive, reward or expression of thanks Use of promotional language in describing clients in invitations or introductions to projects Offering materials to participants that promote clients or their products and services. This includes referring participants to a client website at the conclusion of a project. Members may provide information about a clients products or services where it is necessary to avoid adversely affecting a participant; for example, where a sensitive subject has been discussed, members may provide information on relevant help 52 Impact ISSUE 39 2022_pp52-53 Legal Julie.indd 52 23/09/2022 15:26